Carnival death ruled accidental

Ken McLemore

Tuesday

Jun 26, 2007 at 12:01 AMJun 26, 2007 at 9:16 PM

7-year-old boy's death on Easter Sunday was an accident, investigators say.

State investigators from the Arkansas Department of Labor have concluded that the death of a 7-year-old boy at a carnival on Easter Sunday was accidental, unrelated to the condition of the Sizzler carnival ride from which he fell.

Carnival manager Ann Saunders, doing business as Jelly Saunders Original Razorback Amusements, was assessed a $10,000 civil fine by the Arkansas Department of Labor/Amusement Rides Safety Program for 10 violations in five areas of concern reflected in the summary report by ADL/ARSP Chief Inspector Mike Watson.

“The investigation did not reveal definitive information as to which tub the patrons were riding in, at the time of the accident,” Watson concluded in the June 4 report. “Signage on each tub indicated the warning to remain seated while the ride was in motion. There was no evidence found that mechanical failure or malfunction caused the accident.”

Seven-year-old Marcial Alvarado Jr. of Hope died April 9 at Arkansas Children's Hospital from traumatic injuries suffered April 8 in a fall from a moving ride car on the Sizzler, and from subsequent injuries from being struck by a moving ride car as the machine was being stopped.

Watson's conclusions were based largely upon eyewitness accounts.

“Based on the eyewitness accounts including the operator's statement, the mother's account of what occurred, along with technical data including dynamic forces associated with the Sizzler, it is reasonable to conclude that the child stood up and fell out over the back of the tub before the ride operator turned off the ride,” Watson's report states.

But, Watson's report notes, “The set-up inspection did not cite for the recordkeeping problems or the bypass of the emergency stop.”

The latter notation regarding the “bypass of the emergency stop” is one of the elements noted in the summary of Watson's findings, which discusses facts relevant to the conclusion and the citations of the carnival company for violations of the Amusement Ride Regulations of the Arkansas Code.

"The inspection of the ride revealed that the ride had not been maintained according to the manufacturer's specifications,” the summary states. “The ride was in need of repair by having worn parts, missing bolts, a broken lap bar, hydraulic leaks and painted hoses and several tub pins that did not move freely. ...

“It was found that the operators control panel had been altered by adding a toggle switch to control the ride bypassing the red emergency stop button.”

Those points were not cited in the April 2 inspection report upon which the ride was allowed to operate in Hope.

“The operator at the time of the incident was Mr. Dwayne Mathis,” the investigative report states. “His statement confirmed that at the time of the incident, the emergency stop button did not work. He stated that Ann Saunders knew about this, but told him to operate the ride anyway.”

Consequently, the carnival company was cited for “failure to maintain ride to manufacturer's specifications” in violation of state standards on amusement rides among the 10 citations listed which accompany Watson's investigative report.

The company was also cited because the ride was taken down and moved shortly after the accident occurred.

According to Watson's summary, Saunders notified him of the accident at 2:10 p.m. April 9, stating that the accident had occurred about 4:30 p.m. April 8.

“I informed her not to move the ride, and she responded by telling me that the ride had already been taken down,” Watson's report states. “I informed her that she should not have moved the ride and should have called the emergency phone number within four hours and she needed to file a written report within 24 hours.”

Razorback Amusements was subsequently cited for having moved the ride; failing to notify the ADL of the accident within four hours; and failing to file a written report within 24 hours of the accident.

ADL/ARSP attorney Denise Oxley said Tuesday that it was unclear whether having the ride in place might have made any investigative determination more definitive.

“I can't say that,” Oxley said. “Any time you move a ride that hampers the investigation. I can't say in this particular case that contributed to the conclusions.”

Watson's report also denotes a lack of documentation and training for the ride operator, as well as a lack of documentation regarding ride maintenance, maintenance scheduling, inspections and daily pre-operation inspections.

The company was also cited for each of those violations.

In a June 6 letter to Saunders from ADL/ARSP Support Manager Richard D. Steward Jr., the company is given 30 days in which to appeal the final determination upon which the total of $10,000 in civil penalties has been assessed.

Saunders was not available for comment.

Steward also advised the company that a copy of the investigative report was to be forwarded to the office of Eighth Judicial District-North Prosecuting Attorney Chris Thomason.